Act of Parliament | |
Long title | An Act to make provision about the administration and governance of police forces; about the licensing of, and for the imposition of a late night levy in relation to, the sale and supply of alcohol, and for the repeal of provisions about alcohol disorder zones; for the repeal of sections 132 to 138 of the Serious Organised Crime and Police Act 2005 and for the prohibition of certain activities in Parliament Square; to enable provision in local authority byelaws to include powers of seizure and forfeiture; about the control of dangerous or otherwise harmful drugs; to restrict the issue of arrest warrants for certain extra-territorial offences; and for connected purposes. |
---|---|
Citation | 2011 c. 13 |
Introduced by | Theresa May, Home Secretary (Commons) Baroness Browning, Minister of State for Crime Prevention and Antisocial Behaviour Reduction (Lords) |
Territorial extent | England and Wales Sections 58, 152, 154, 157, and 158, and Schedule 58 also extend to Scotland and Northern Ireland, Section 98 and Schedule 15 Extend to England, Wales and Scotland |
Dates | |
Royal assent | 15 September 2011 |
Other legislation | |
Amended by | Wales Act 2017 |
Relates to | Misuse of Drugs Act 1971, Magistrates' Courts Act 1980, Police Act 1996 |
Status: Current legislation | |
History of passage through Parliament | |
Text of statute as originally enacted |
The Police Reform and Social Responsibility Act 2011 (c. 13) is an Act of the Parliament of the United Kingdom. It transfers the control of police forces from police authorities to elected Police and Crime Commissioners. The first police commissioner elections were held in November 2012. The next elections took place in May 2016 and will subsequently take place every four years.
The Act repeals the provisions in the Serious Organised Crime and Police Act 2005 which prohibit protests near Parliament Square, and instead restricts certain "prohibited activities" in Parliament Square garden and the adjoining footways. The police have used these powers to confiscate pizza boxes, tarpaulin and umbrellas from protesters in Parliament Square. [1]
The Act removed the statutory requirement for the Advisory Council on the Misuse of Drugs to include scientists. The move follows the sacking of David Nutt from the council in 2009. [2]
Section 153 of the Act amends section 1 of Magistrates' Courts Act 1980 so that an arrest warrant for an offence of universal jurisdiction cannot be issued without the consent of the Director of Public Prosecutions, unless applied for by a Crown Prosecutor.
In 2021, the government published their proposed Police, Crime, Sentencing and Courts Bill which would amend the Police Reform and Social Responsibility Act, in relation to behaviour around and access to the Parliamentary estate. [3]
The Home Office (HO), also known as the Home Department, is a ministerial department of the British Government, responsible for immigration, security, and law and order. As such, it is responsible for policing in England and Wales, fire and rescue services in England, visas and immigration, and the Security Service (MI5). It is also in charge of government policy on security-related issues such as drugs, counterterrorism, and ID cards. It was formerly responsible for His Majesty's Prison Service and the National Probation Service, but these have been transferred to the Ministry of Justice.
Local government in England broadly consists of three layers: civil parishes, local authorities, and regional authorities. Every part of England is governed by at least one local authority, but parish councils and regional authorities do not exist everywhere. In addition, there are 31 police and crime commissioners, four police, fire and crime commissioners, and ten national park authorities with local government responsibilities. Local government is not standardised across the country, with the last comprehensive reform taking place in 1974.
A police authority in the United Kingdom is a public authority that is responsible for overseeing the operations of a police force. The nature and composition of police authorities has varied over time, and there are now just four dedicated "police authorities" in the United Kingdom, although the term can refer to various similar successor bodies.
Parliament Square is a square at the northwest end of the Palace of Westminster in the City of Westminster in central London, England. Laid out in the 19th century, it features a large open green area in the centre with trees to its west, and it contains twelve statues of statesmen and other notable individuals.
The Anti-Social Behaviour Act 2003 (c.38) is an Act of the Parliament of the United Kingdom which almost entirely applies only to England and Wales. The Act, championed by then Home Secretary, David Blunkett, was passed in 2003. As well as strengthening the anti-social behaviour order and Fixed Penalty Notice provisions, and banning spray paint sales to people under the age of 16, it gives local councils the power to order the removal of graffiti from private property.
Brian William Haw was a British protester and peace campaigner who lived for almost ten years in a peace camp in London's Parliament Square from 2001, in a protest against UK and US foreign policy. He began the Parliament Square Peace Campaign before the September 11 attacks, and became a symbol of the anti-war movement over the policies of both the United Kingdom and the United States in Afghanistan and later Iraq. At the 2007 Channel 4 Political Awards he was voted Most Inspiring Political Figure. Haw died of cancer in Berlin, where he had been receiving medical treatment.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given royal assent on 7 April 2005.
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom that creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations of the Law Commission.
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, free the church from the state, and it enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joined in 1800, but the Republic of Ireland formally separated between 1916 and 1921 through bitter armed conflict. By the Representation of the People Act 1928, almost every adult man and woman was finally entitled to vote for Parliament. The UK was a founding member of the International Labour Organization (ILO), the United Nations, the Commonwealth, the Council of Europe, and the World Trade Organization (WTO).
Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development of civil liberties advanced in common law and statute law in the 17th and 18th centuries, notably with the Bill of Rights 1689. During the 19th century, working-class people struggled to win the right to vote and join trade unions. Parliament responded with new legislation beginning with the Reform Act 1832. Attitudes towards suffrage and liberties progressed further in the aftermath of the first and second world wars. Since then, the United Kingdom's relationship to civil liberties has been mediated through its membership of the European Convention on Human Rights. The United Kingdom, through Sir David Maxwell-Fyfe, led the drafting of the Convention, which expresses a traditional civil libertarian theory. It became directly applicable in UK law with the enactment of the Human Rights Act 1998.
There are five types of elections in the United Kingdom: elections to the House of Commons of the United Kingdom, elections to devolved parliaments and assemblies, local elections, mayoral elections, and police and crime commissioner elections. Within each of those categories, there may also be by-elections. Elections are held on Election Day, which is conventionally a Thursday, and under the provisions of the Dissolution and Calling of Parliament Act 2022 the timing of general elections can be held at the discretion of the prime minister during any five-year period. All other types of elections are held after fixed periods, though early elections to the devolved assemblies and parliaments can occur in certain situations. The five electoral systems used are: the single member plurality system (first-past-the-post), the multi-member plurality, the single transferable vote, the additional member system, and the supplementary vote.
The 2012 police and crime commissioner elections were polls held in most police areas in England and Wales on Thursday 15 November. The direct election of police and crime commissioners (PCCs) was originally scheduled for May 2012 but was postponed in order to secure the passage of the Police Reform and Social Responsibility Act 2011 through the House of Lords. The government considers the elected commissioners to have a stronger mandate than the "unelected and invisible police authorities that they replace". The elections took place alongside by-elections for the House of Commons in Cardiff South and Penarth, Corby and Manchester Central, and a mayoral election in Bristol.
A police and crime commissioner is an elected official in England and Wales responsible for generally overseeing police forces. A police, fire and crime commissioner (PFCC) is an elected official in England responsible for generally overseeing both police forces and fire services. Commissioners replaced now-abolished police authorities. The first incumbents were elected on 15 November 2012.
The Crime and Courts Act 2013 is an Act of Parliament of the Parliament of the United Kingdom introduced to the House of Lords in May 2012. Its main purpose is to create the United Kingdom National Crime Agency which replaced the Serious Organised Crime Agency. Part 2 of the Act relaxes the rules on filming court proceedings under controlled circumstances, and amends the rules on 'self-defence'.
The South Yorkshire Police and Crime Commissioner is the police and crime commissioner of the South Yorkshire Police in South Yorkshire. The post was created on 22 November 2012, following an election held on 15 November 2012, and replaced the South Yorkshire Police Authority. The current South Yorkshire Police and Crime Commissioner is Alan Billings of the Labour Party, who was elected in 2014 and again in 2016. The role was created in 2012 and the initial office holder was Shaun Wright, who resigned on 16 September 2014. The police and crime commissioner is required to produce a strategic South Yorkshire Police and Crime Plan, setting out the priorities for the South Yorkshire Police, and their work is scrutinised by the South Yorkshire Police and Crime Panel.
Elections of police and crime commissioners in England and Wales were held on 5 May 2016.
The Northumbria Police and Crime Commissioner (PCC) is an elected official in the United Kingdom. The post was created in November 2012 following the enactment of the Police Reform and Social Responsibility Act 2011. The PCC is tasked with the governance of the Northumbria Police, responsible for the metropolitan county of Tyne and Wear and the ceremonial county of Northumberland.
Elections of police and crime commissioners in England and Wales were held on 6 May 2021, on the same day as the Senedd election in Wales and the local elections in England. This was the third time police and crime commissioner elections have been held. The elections were originally due to take place in May 2020 but were postponed by 12 months in view of the COVID-19 pandemic. Turnout was an average of 34.1% across the elections, with Wales having much higher turnout mainly due to the simultaneous Senedd election held across Wales, whereas only parts of England had simultaneous local elections.
The home secretary is one of the most senior and influential ministers in the UK Government, and the holder of a Great Office of State. The home secretary's remit includes law enforcement in England and Wales, matters of national security, issues concerning immigration, and oversight of the Security Service (MI5).